Politics or Policy Revealed in U. Pottsgrove Hearing?

Photos by Evan Brandt

Township Commissioner Elwood Taylor, right, and his attorney Joan London, face the board of commissioners Monday night for the hearing about removing him from the planning commission, where he has served for 20 years.

Two major issues were addressed by the Upper Pottsgrove Township Commissioners Monday night and by the end of a very long evening, they had become entwined.

The site plan for 143 single family age-restricted homes
on 49 acres off Kummerer Road in Upper Pottsgrove.

First up was a review of a proposal to build 143 single family homes on 49 acres bounded by Pine Ford Road, Kummerer Road and Farmington Avenue.

A revival of several previous plans, the project means millions in tax revenue for the township and Pottsgrove School District without the added expense of more children in the schools.

That's because it is an age-restricted project for people 50 and older.

This map shows both phases of the age-restricted housing plan,
which would ultimately add 279 homes to the tax rolls.

It is also the first phase of a plan to nearly double that project, but not for at least three years, by purchasing more acreage along Evans Road, and eventually building 279 units and moving Kummerer Road to intersect with Evans instead of Farmington.

Officials from Artisan Development Group told the commissioners a top-flight builder has signed on for the project, and pledged to undertake a number of public improvements, including re-paving Pine Ford Road, fixing its intersection with Chestnut Grove Road and improving Kummerer Road as well.

Developer John Benson said a financial impact study showed that each unit would have a positive financial impact of $7,700 to the township and school district.

The project obtained preliminary site plan approval in August and Benson said he hoped to have final plans to the township within 60 days and that construction could begin by "the first of the year."

But that's not why you're really here.

You're here to find out what happened with the hearing on the attempt by the majority of the township commissioners to kick Commissioner Elwood Taylor off the planning commission, where he has served for 20 years.

Elwood Taylor, left, and his attorney Joan London, prepare
for Monday night's hearing.

Well let's get to it.

First of all, for those of you who haven't been paying attention, the commissioners voted 3-2 in
August to adopt "Resolution 703," which bars commissioners from serving on any other town boards or commissions, or the boards of any other organizations that receive funding or donations from the township.

In September, the same 3-2 majority voted to oust Commissioner Martin Schreiber from the Civil Service Commission. Commissioners France Krazalkovich and Renee Spaide voluntarily stepped down from their respective posts on the fire services committee and the parks and recreation commission, respectively.

But because state law lays out a specific procedure and, more importantly, reasons for for the removal of a planning commissioner, the most the board could do last month was vote to notify Taylor that they intend to vote him off the planning commission.

The reason they've concocted is his refusal to comply with the resolution which, according to the three-vote majority, is needed to prevent the appearance of conflict. Since then, lots of conflict has appeared on the board.

That brings us to last night and the official hearing at which Taylor is in the bizarre position of arguing before the very people who have indicated their intention to remove him from the planning commission, that they shouldn't remove him from the planning commission.

As the "defendant," Taylor could not participate in the closed door executive session the commissioners held with their solicitor, Charles D. Garner Jr., prior to the hearing. It also means only four commissioners vote so if one changes his or her mind, the vote is a tie.

As unlikely as that seems, Taylor and his lawyer, Joan London of the Wyomissing firm of Kozloff and Stoudt came in swinging. They called six witnesses, including Commissioners Chairman Trace Slinkerd, the very person who has headed up the push to adopt the resolution.

Upper Pottsgrove Commissioners Chairman Trace Slinkerd,
second from left, is sworn in to answer questions from
attorney Joan London, facing the board.

Former commissioners Russ Noll, John Bealer and Pete Dolan, joined Planning Commission Vice Chairman John Ungerman and Taylor himself in the witness chair. Slinkerd testified from his side of the table.

All but Slinkerd testified to Taylor's dedication to the township and the complete absence of any whiff of conflict of interest or "undue influence," the very things resolution 703 was adopted to prevent.

London established, through the minutes, that the idea of Resolution 703 was first discussed in February of 2018, right after Slinkerd ousted Taylor from the chairmanship of the board of commissioners.

It doesn't show up again in the record until July, although Slinkerd testified it was discussed at at least two work sessions in 2018, discussions that were not recorded in the minutes apparently.

The record also shows that despite indicating in July that the matter would not be taken up again until October and implemented in November, when the board re-organizes. However, it showed up on the agenda for the August meeting for "consideration," and was summarily passed with Taylor and Schreiber voting against it.

In September, Schreiber was removed from the Civil Service Commission, ironically, on the same night the board hired a new police chief, after he refused to resign. That same night, the board also voted to begin the process of removing Taylor, voting to give him the notification required by law.

Despite the fact that Taylor remains chairman of the planning commission until removed, Slinkerd took the unusual step of canceling the September planning commission meeting, something in the planning commission chairman's purview.

Attorney Joan London, standing, reviews state law governing the
removal of planning commission members with Trace Slinkerd, 

while Commissioner France Krazalkovich, left, and

Township Solicitor Chuck Garner, observe.

He testified last night he did so after consulting with other commissioners, although Schreiber later Tweeted he was never consulted. Nor was Taylor.

Slinkerd testified he took the step to ensure the planning commission members and Township Manager Michelle Reddick did not become embroiled in the conflict.

Taylor and his lawyer suggested it may have had more to do with the fact that the Kummerer tract was to be discussed that night. (You were wondering when the "intertwining" I mentioned earlier was going to show up weren't you?)

"It seemed more than coincidental that I was being sidelined from my work on the township planning commission when it was in the middle of reviewing the most consequential development the township has ever dealt with, worth many many millions of dollars in township revenues," Taylor testified.

"Also, that they were bringing my good name and work into question at the time time I am running for reelection to my seat on the board of commissioners," Taylor testified. "They have gone out of their way and are using precedent-setting legal maneuvers to affect a power grab that will turn term-appointed positions into serve at the pleasure of the board of commissioners."

Taylor argued that if he loses reelection in November, he could have remained on the planning commission until his term runs out at the end of 2020. And, if he wins, his term on the planning commission would last only one more year.

"How could I not suspect that these extraordinary measures were not meant to target me and my ability to serve my community when the board of commissioners could have simply avoided this controversy by including a 'grandfather' clause in their resolution and allow me to complete my final four months of service without dragging me through the dirt?" Taylor testified.

"Ironically, while purportedly wishing to address the appearance of wrongdoing, it appears that the board of commissioners majority has acted in ways that bring their motives into question," he said.

His case now having been made, Taylor awaits the decision by the board of commissioners.

It remains to be seen how the case and its ripples will affect the election.

And with that, for those of you who are still with me, here are the Tweets from the meeting:

Policy or Politics? You Decide